Blog & Resources

From our “Ask a Question” mailbag: One of four siblings is now deceased since death of our parents. Do the deceased sibling’s three children or his surviving spouse inherit his share of the estate?

There are two different answers depending on the order of the deaths.

If your sibling died first, and then the surviving parent died without a will, then that parent’s probate estate is divided up under the New Jersey intestacy rules which give 1/4th share to each surviving child and a 1/4th share to be split among the deceased child’s children. Your sibling’s spouse receives nothing.

From our “Ask a Question” mailbag: My father died a resident of Burlington County, New Jersey. I live in California. His only asset was his bank account, and I am his only child, but the bank will not give me the account. They say I need to get a certified certificate from the Surrogate. Why is this?

When someone dies a resident of New Jersey, their assets pass to other persons or entities either under their will or, if they have no will, by the New Jersey rules of intestacy.

The bank has no idea who should get those funds in his account, as your father could have a will giving them to anyone

From our “Ask a Question” mailbag: My mother is incapacitated and living in an assisted living facility in Burlington County, New Jersey. She appointed my brother agent under her power of attorney. My mother has a life insurance policy on her life that names me as beneficiary. My brother refuses to make the payment, so the policy will soon lapse. Can I make the payment?

You certainly can make the payment, as the insurance company does not care who sends the check. The life insurance company will only care if the check clears. If the policy is a term policy, you should consider when the policy lapses.

Our Ask a Question mailbag often includes reader submissions wondering about whether long term care insurance makes financial sense.

As with all insurance policies, long term care coverage works out to be a great deal — if you actually use it. On the other hand, you could argue that you wasted money if you never have to claim your benefits.

Over the years I have had many Gloucester County clients who died without using their long term care insurance benefits. But there have also been clients who fell ill and, without strong policies in place, would have been forced to leave their homes.

From our “Ask a Question” mailbag: I am a resident of Burlington County, New Jersey and want to modify my will. My two children are older and I want to name them as co-executors. Is naming my children as co-executors a good idea?

Naming your children as co-executors (or “personal representatives”) of your Will can be a fine idea, or a terrible idea, depending on your children. You need to be honest with yourself about how well your children’s personalities work (or do not work) together.

From our “Ask a Question” mailbag: Our entire lives, my parents and I have lived in Burlington County, NJ. My father died two years ago, and my mother passed away last week. I was an only child and everything in my mother’s will was left to me. I am executor. Do I need to probate her will, or open an estate? Her only assets were our family home (valued at $600,000) and her car.

The short answer is: no, you cannot transfer the deed without going through probate.

From our “Ask a Question” mailbag: My mother, who lives in Burlington County, New Jersey, is having serious health problems. She wants me to be able to use her general power of attorney, but it says I need a doctor’s note saying that she is incapacitated. Is that normal?

Your mother has a “Leaping” Power of Attorney, which at one time was the normal document that Burlington County Estate Planning Lawyers would prepare. A Leaping Power of Attorney gives the “Agent” the power to act for the person if—and only if—that person has become incapacitated, and the Agent can secure a letter from the person’s doctor stating that the person is incapacitated. Without the letter the power of attorney is useless.

From our “Ask a Question” form: I am a New Jersey resident serving as the Personal Representative of my mother’s Burlington County, New Jersey Estate. I hired a Burlington County attorney to probate the estate and help me administer the estate, but I cannot get her to return my calls. What can I do?

As the Personal Representative, the Probate Attorney works for you. You hire the Probate Attorney, and you can fire the Probate Attorney.

My mother named me her Agent under her Burlington County, New Jersey Power of Attorney, and I cared for her for years. Now my sister claims I embezzled and stole money using the Power of Attorney. How do I clear my name?

As Agent, you are permitted to retain a Burlington County Surrogates Court Attorney to assist you in filing a Formal Accounting of all your actions as Agent. This accounting is then provided to all interested parties, who are free to either accept the terms or object.

I am a resident of Burlington County, New Jersey. If I have recently formed a Revocable Living Trust and moved all my New Jersey assets into the trust, do I still need a Will?

If the goal in forming your Revocable Living Trust was to avoid probate, then you must either transfer all your assets that would otherwise be Probate Assets into the trust during your lifetime or have them pour into the Revocable Trust at your death. That is often done by using a Payable on Death Account or naming the Trust as Beneficiary.